CITATION: Intact Insurance Company v. Aviva Insurance Company of Canada, 2017 ONSC 4600
COURT FILE NO.: CV-16-559147
DATE: 20170728
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Intact Insurance Company
Applicant
– and –
Aviva Insurance Company of Canada
Respondent
Counsel:
Michael Ahmadi, for the Applicant
Christopher Prince, for the Respondent
HEARD: December 22, 2016
Addendum
Stewart J.
[1] Counsel for Aviva has requested clarification of the language used in paragraph 40 of my decision in this matter which was delivered on June 21, 2017.
[2] As is evident from paragraph 40, the language used tracks the Order sought by Intact as contained in paragraph 67 of its Factum.
[3] In view of Aviva’s position as to its continuing contractual rights under its policy, that disposition should be clarified to provide that Aviva is responsible for the first $200,000.00 of any judgment awarded against Charlie in the underlying action or any settlement made by Charlie in it.
[4] Specifically, Aviva maintains its contractual right to deny insurance coverage to the Youssefs.
[5] If any further clarification is required, counsel may arrange a conference call or chamber appointment through my assistant.
Stewart J.
Released: July 28, 2017
CITATION: Intact Insurance Company v. Aviva Insurance Company of Canada, 2017 ONSC 4600
COURT FILE NO.: CV-16-559147
DATE: 20170728
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Intact Insurance Company
Applicant
– and –
Aviva Insurance Company of Canada
Respondent
ADDENDUM TO THE REASONS FOR DECISION
Stewart J.
Released: July 28, 2017